Wistrom, Gary v. Black, Kenneth B.
Filing
151
ORDER that court will treat plaintiff's 6/1/13 request as void and accept 6/7/13 request for remittitur nunc pro tunc; clerk's office directed to enter judgment for plaintiff in amount of $450,000. Signed by District Judge William M. Conley on 6/10/13. (krj)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
GARY WISTROM,
Plaintiff,
ORDER
v.
11-cv-515-wmc
KENNETH BLACK,
Defendant.
The court is in receipt of the June 7, 2013 correspondence from plaintiff’s counsel
advising that “he wishes to withdraw the request for a new trial on damages and accept
the Court’s remittitur of $150,000 in compensatory damages and $300,000 in punitive
damages,” as well as a response from defendant’s counsel filed later that same day, which
objects to the withdrawal as “untimely” and for failing to articulate “excusable neglect.”
Although 2 days past the deadline set by the court, there appears good reason under Fed.
R. Civ. P. 1 to permit a slightly late acceptance of remittitur, no statutory bar to this court
exercising its discretion to permit a tardy acceptance, and no meaningful prejudice to
defendant in the court doing so.
Accordingly, the court will treat plaintiff’s June 5
request as void and accept the June 7 request for remittitur nunc pro tunc. The clerk’s
office is directed to enter judgment for plaintiff in the total amount of $450,000.
Entered this 10th day of June, 2013.
BY THE COURT:
/s/
WILLIAM M. CONLEY
District Judge
1
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